Final Resolution ResDH (2002)81 Human Rights Application No. 29251/95 Silva Gomes and others against Portugal

(Adopted by the Committee of Ministers on 24 June 2002 at the 798th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH (98) 279, adopted on 10 July 1998 in the case of Silva Gomes and others against Portugal, in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of certain proceedings concerning civil rights and obligations before the labour courts and to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicants, proposals supplemented by a letter of the President of the Commission dated 20 July 1998;

Whereas at the 640th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 25 September 1998, in accordance with former Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay to each applicant as just satisfaction, within three months, 450 000 Portuguese escudos in respect of non-pecuniary damage and jointly 200 000 Portuguese escudos in respect of costs and expenses, namely a total sum of 6 950 000 Portuguese escudos, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicants;

Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 10 July 1998 and 25 September 1998, having regard to Portugal’s obligation under former Article 32, paragraph 4, of the Convention to abide by them;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state indicated that the Commission’s report had been sent out to the authorities directly concerned and that the question of the length of judicial proceedings was being examined in order to verify that such proceedings can be concluded within a reasonable time;

Noting with satisfaction that, as regards the applicants’ individual situation, the proceedings, which were pending before the Court of Appeal of Lisbon at the time of adoption of the Commission’s report, were ended by a judgment delivered in February 1999;

Whereas the Committee of Ministers satisfied itself that on 23 April 1999, the government of the respondent state had paid the applicants the total sum of 7 178 500 Portuguese escudos as just satisfaction, including the default interest due,

Declares, after having taken note of the measures taken by the Government of Portugal, that it has exercised its functions under former Article 32 of the Convention in this case.